The Constitution provided for a Supreme Court located
in Karachi (the federal capital at that time), and two High Courts,
one each for the provinces of East Pakistan and West Pakistan. The
Supreme Court had the original jurisdiction over constitutional
disputes and the President had the power to appoint its Chief Justice.

There shall be a Supreme Court of Pakistan consisting
of a Chief Justice, to be known as the Chief Justice of Pakistan
and not more than six other Judges; Provided that Parliament may
by Act increase the number of other Judges beyond six.

Article 149

(1) The Chief Justice of Pakistan shall be
appointed by the President, and the other Judges shall be appointed
by the President after consultation with the Chief Justice.

(2) A person shall not be qualified for appointment
as a Judge of the Supreme Court unless he is a citizen of Pakistan,
and-

(a) has been for at least five years a Judge of
a High Court or two or more High Courts in succession; or

(b) has been for at least fifteen years an advocate
or a pleader of a High Court, or of two or more High Courts.

(3) For the purpose of computing any such period as
is referred to in sub-clause (a) of clause (2) there shall be included
any period during which a person has been a Judge of a High Court
in Pakistan before the Constitution Day.

(4) For the purpose of computing any such period as
is referred to a person was an advocate or a pleader of a High Court
in Pakistan before the Constitution Day or of any High Court in
British India.

Article 150

(1) Subject to Articles 151 and 173, a Judge
of the Supreme Court shall hold office until he attains the age
of sixty-five years.

(2) A person who has held office as a permanent Judge
of the Supreme Court shall not plead or act before any court or
authority in Pakistan.

Article 151

(1) A Judge of the Supreme Court shall not
be removed from his office except by an order of the President made
after an address by the National Assembly, supported by the majority
of the total number of members of the Assembly and by the votes
of not less than two-thirds of the members present and voting, has
been presented to the President for the removal of the Judge on
the ground of proved misbehaviour or infirmity of mind or body:

Provided that no proceedings for the presentation
of the address shall be initiated in the National Assembly unless
notice of the motion to present the address is supported by not
less than one-third of the total number of members of the Assembly.

(2) Parliament may by law prescribe the procedure
for the presentation of an address and for the investigation and
proof of misbehaviour or infirmity of mind or body of a Judge, and
until such a law is made the President may by order prescribe the
said procedure.

Article 152

If the office of Chief Justice of Pakistan
becomes vacant, or if the Chief Justice is, by reason of absence
or otherwise, unable to perform the duties of his office, those
duties shall, until some person permanently appointed to the vacant
office has entered on the duties thereof, or until the Chief Justice
has resumed his duties, as the case may be, be performed by such
one of the other Judges of the Supreme Court as the President may
appoint as Acting Chief Justice.

Article 153

When any Judge of the Supreme Court is appointed
to act temporarily as Chief Justice of Pakistan, or when any such
Judge is unable to perform his duties on account of absence through
grant of leave or for any other reason, the President may appoint
a Judge of a High Court, who is qualified for appointment as a Judge
of the Supreme Court, to act temporarily as a Judge of that court,
and the person so appointed shall be deemed to be a Judge of the
Supreme Court until the President revokes the appointment.

Article 154

If at any time for want of a quorum of the
Judges of the Supreme Court it is not possible to hold or continue
any sittings of the Court, the Chief Justice of Pakistan may, in
writing, require a Judge of a High Court qualified for appointment
as a Judge of the Supreme Court to attend the sittings of the Court
as an ad hoc Judge for such period as may be necessary; and while
so sittings such ad hoc Judge shall have the same power and jurisdiction
as a Judge of the Supreme Court;

Provided that no Judge shall be so nominated by
the Chief Justice of Pakistan without previous consultation with
the Chief Justice of the High Court concerned.

Article 155

The Supreme Court shall sit in Karachi and
at such other place as the Chief Justice of Pakistan may, with the
approval of the President, from time to time appoint: Provided that
the Court shall sit in Dacca at least twice in every year, for such
period as the Chief Justice of Pakistan may deem necessary.

Article 156

(1) Subject to the provisions of the Constitution,
the Supreme Court shall, to the exclusion of any other Court, have
original jurisdiction in any dispute between-

(a) the Federal Government and the Government of
one or both Provinces; or

(b) the Federal Government and the Government of
a Province on the one side, and the Government of the other Province
on the other or

(c) the Government of the Provinces, if and is so
far as the dispute involves-

(i) any question whether of law or of fact, on
which the, existence or extent of a legal right depends; or

(ii) any question as to the interpretation of
the Constitution.

(2) The Supreme Court in the exercise of its original
jurisdiction shall not pronounce any judgment other than a declaratory
judgment.

Article 157

(1) An appeal shall lie to the Supreme Court
from any judgment, decree or final order of a High Court in civil,
criminal or other proceedings, if the High Court certifies that
the case involves a substantial question of law as to the interpretation
of the Constitution.

(2) Where the High Court has refused to give such
a certificate, the Supreme Court may, if it is satisfied that the
case involves a substantial question of law as to the interpretation
of the Constitution, grant special leave to appeal from such judgment,
decree or final order.

(3) Where such a certificate is given or such leave
is granted, any party in the case may appeal to the Supreme Court
on the ground that any such question as aforesaid has been wrongly
decided, and with the leave of the Supreme Court, on any other ground.

Article 158

(1) An appeal shall lie to the Supreme Court
from any judgment, decree or final order of a High Court in civil
proceedings-

(a) if the amount or value of the subject-matter
of the dispute in the court of first instance was, and also in
dispute on appeal is, not less than fifteen thousand rupees, or
such other sum as may be specified in that behalf by Act of Parliament;
or

(b) if the judgment, decree or final order involves
directly or indirectly some claim or question respecting property
of the like amount or value; or

(c) if the High Court certifies that the case is
a fit one for appeal to the Supreme Court.

(2) Notwithstanding anything in this Article, no appeal
shall, unless an Act of Parliament otherwise provides, lie to the
Supreme Court from the judgment, decree or final order of a Judge
of a High Court sitting alone.

Article 159

An appeal shall lie to the Supreme Court from
any judgment, final order or sentence of a High Court in criminal
proceedings, if the High Court-

(a) has no appeal reversed an order of acquittal
of an accused person and sentenced him to death or to transportation
for life; or

(b) has withdrawn for trial before itself any case
from any court subordinate to its authority, and has in such trial
convicted the accused person and sentenced him as aforesaid; or
Court; or

(c) certifies that the case is a fit one for appeal
the Supreme Court; or

Notwithstanding anything in this Part, the
Supreme Court may grant special leave to appeal from any judgment,
decree, order or sentence of any court or tribunal in Pakistan,
other than a court or tribunal constituted by or under any law relating
to the Armed Forces.

Article 161

The Supreme Court shall have power, subject to the
provisions of any Act of Parliament and of any rules made by the
Supreme Court, to review any judgment pronounced, or order made,
by it.

Article 162

If at any time it appears to the President that a question of
law has arisen, or is likely to arise, which is of such a nature
and of such public importance that it is expedient to obtain the
opinion of the Supreme Court upon it, he may refer the question
to that court for consideration, and the court may, after such hearing
as it thinks fit, report its opinion thereon to the President.

Article 163

(1) The law declared by the Supreme Court shall
be binding on all courts in Pakistan.

(2) All executive and judicial authorities throughout
Pakistan shall act in aid of the Supreme Court.

(3) The Supreme Court shall have power to issue such
directions, orders, decrees or writs as may be necessary for doing
complete justice in any cause or matter pending before it, and any
such direction, order, decree or writ shall be enforceable throughout
Pakistan, and shall be executed as if it had been issued by the
High Court of the appropriate Province.

(4) If a question arises as to which High Court shall
give effect to a direction, order, or writ of the Supreme Court,
the decision of the Supreme Court hereon shall be final.

(5) The Supreme Court shall have power to issue any
order for the purpose of securing the attendance of any person or
the discovery or production of any document.

(6) Any order of Her Majesty-in-Council made before
the Constitution Day on an appeal or petition shall be enforceable
as if it were an order issued by the Supreme Court.

Article 164

In this part, references to any substantial
question of law as to the interpretation of the Constitution shall
include references to any substantial question of law as to the
interpretation of the Government of India Act, 1935, or the Indian
Independence Act, 1947, including any enactment amending or supplementing
the said Acts or any Order made under the said Acts.

Chapter 2: The High Courts

Article 165

(1) There shall be a High Court for each Province.

(2) The High Court for the Provinces of East Bengal
and West Pakistan functioning immediately before the Constitution
Day shall be deemed to be High Court, under the Constitution, for
the Provinces or East Pakistan and West Pakistan, respectively.

(3) A High Court shall consist of a Chief Justice
and such number of other Judges as the President may determine.

Article 166

(1) Every Judge of a High Court shall be appointed
by the President, after consultation with the Chief Justice of Pakistan,
the Governor of the Province to which the appointment relates, and
if the appointment is not that of the Chief Justice, the Chief Justice
of the High Court of that Province.

(2) Subject to Articles 169 and 173, a Judge of a
High Court shall hold office until he attains the age of sixty years.

(3) A person who has held office as a permanent Judge
of a High Court shall not plead or act before that court or any
court or authority within its jurisdiction.

Article 167

(1) A person shall not be qualified for appointment
as a Judge of a High Court unless he is a citizen of Pakistan and-

(a) has been for at least ten years, an advocate
or a pleader of a High Court, or of two more High Courts; or

(b) is a member of the Civil Service of Pakistan
of at least ten years' standing, who has for at least three years
served as, or exercised the powers, of, a District Judge; or

(c) has for at least ten years held a Judicial office
in Pakistan: Provided that a person shall not be qualified for
appointment as a permanent Chief Justice of a High Court unless-

(i) he is, or when first appointed to a
Judicial office, was, an advocate or a pleader in a High Court;
or

(ii) he has served for not less than three years
as a Judge of a High Court in Pakistan;

Provided further that a person who was immediately
before the Constitution Day a Judge of a High Court shall
not be disqualified from continuing as such on the ground
only that he is not a citizen of Pakistan.

(2) For the purpose of computing any period referred
to in sub-clause (a) of clause (1) there shall be included-

(a) any period during which a person has held Judicial
office after he became an advocate or a pleader; and

(b) any period during which a person was an advocate
or a pleader of a High Court in British India.

(3) For the purpose of computing any period referred
to in sub clause (c) of clause (1) there shall be included any period
during which a person held Judicial Office in British India.

Article 168

(1) If the office of the Chief Justice of a
High Court becomes vacant, or if any such Chief Justice is, by reason
of absence or otherwise, unable to perform the duties of his office,
those duties shall, until some person permanently appointed to the
vacant office has entered on the duties thereof, or until the Chief
Justice has resumed his duties, as the case may be, be performed
by such one of the other Judge of the Court the President may appoint
as acting Chief Justice.

(2) If the office of any other Judge of a High Court
becomes vacant, or if any such Judge is appointed to act temporarily
as a Chief Justice or is by reason of absence, or otherwise, unable
to perform the duties of his office, the President may appoint a
person qualified for appointment as a Judge of a High Court to act
as a Judge of that Court, and the person so appointed shall unless
the President revokes his appointment, be deemed to be a Judge of
that Court, until some person permanently appointed to the vacant
office has entered on the duties thereof, or until the permanent
Judge has resumed his duties.

Article 169

A Judge of a High Court shall not be removed from
his office except by an order of the President made on the ground
of misbehaviour or infirmity of mind or body, if the Supreme Court
on reference being made to it by the President, reports that the
Judge ought to be removed on any of those grounds.

Article 170

Notwithstanding anything in Article 22, each High
Court shall have power, throughout the territories in relation to
which it exercises jurisdiction, to issue to any person or authority,
including in appropriate cases any Government, directions, orders
or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, for the enforcement of
any of the right conferred by Part II and for any other purpose.

Article 171

If a High Court is satisfied that a case pending
in a court subordinate to it involves a substantial question of
law as to the interpretation of the Constitution, the determination
of which is necessary for the disposal of the case, it shall withdraw
the case from that court and may-

(a) either dispose of the case itself; or

(b) determine the said question of law, and return
the case to the court from which the case has been so withdrawn,
together with a copy of its judgment on such question, and the
said court shall, on receipt thereof, proceed to dispose of the
case in conformity with such judgement.

Article 172

(1) The President may transfer a Judge of a
High Court from one High Court to the other High Court, but no such
Judge shall be transferred except with his consent and after consultation
with the Chief Justice of Pakistan and the Chief Justice of the
High Court of which he is a Judge.

(2) When a Judge is so transferred, he shall during
the period for which he serves as a Judge of the High Court to which
he has been transferred, be entitled to such compensatory allowance,
in addition to his salary, as the President may by order determine.

Chapter 3: General Provisions As To The Supreme
Court And High Courts.

Article 173

A Judge of the Supreme Court or of a High Court may
resign his office by writing under his hand addressed to the President.

Article 174

A person who is or has been a Judge of the Supreme
Court or of a High Court, shall not be eligible for appointment
as Governor of a Province.

Article 175

(1) The remuneration and other conditions of service
of a Judge of the Supreme Court or of a High Court shall not be
varied to his disadvantage during his tenure of office.

(2) Subject to Article 151, the conduct of a Judge of the Supreme
Court or of a Judge of a High Court shall not be discussed in the
National or a Provincial Assembly.

Article 176

The Supreme Court and each High Court shall be a
court of record and shall have all the powers of such a court, including
the power to make any order for the investigation or punishment
of any contempt of itself.

Article 177

Unit other provisions in that behalf are made by
Act the provisions of the Third Schedule shall apply in relation
to the Supreme Court and High Courts in respect of matters specified
therein.

Article 178

Notwithstanding anything in the Constitution, neither
the Supreme Court nor a High Court shall, unless Parliament by law
otherwise provides, exercise any jurisdiction under the Constitution
in relation to the Special Areas.